Can You Disinherit Someone in Your Will?

People might choose to disinherit someone from their will for several reasons, including family estrangement, where there is a loss of contact or a strained relationship; financial independence, where the person is already financially stable; previous support, where significant financial assistance has already been provided during the person's lifetime; and personal disagreements or moral reasons that influence the decision.

Legal Considerations

While it is generally possible to disinherit someone, there are important legal considerations to keep in mind:

• Spousal Rights: In many states, including Florida, you cannot completely disinherit a spouse. Spouses are entitled to a portion of the estate, known as the elective share, regardless of what the will states.

• Children’s Rights: Disinheriting minor children can be more complex. In some jurisdictions, children are entitled to a portion of the estate. However, adult children can typically be disinherited unless specific state laws provide otherwise.

How to Disinherit Someone

• Clearly State Your Intentions: Explicitly mention in your will that you are disinheriting the person. Vague language can lead to legal challenges.

• Consult an Attorney: An estate planning attorney can provide guidance and help your will be legally sound. They can also help you understand state-specific laws that may impact your decision.

• Review and Update Your Will: Make sure that any changes to disinheritance are reflected in the document.

Potential Challenges

The disinherited person may contest the will, claiming undue influence, lack of capacity, or that the will was not executed properly. To minimize the risk of disputes:

• Use a No-Contest Clause: This clause can deter beneficiaries from contesting the will by threatening to revoke their inheritance if they challenge it.

• Document Your Reasons: While not legally required, keeping a record of your reasons for disinheriting someone can provide clarity and support your decision if contested.

• Disinheriting someone from your will is a significant decision that should be made with careful consideration and legal guidance. Consulting with an estate planning attorney can help you navigate the complexities and ensure your wishes are honored.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.